nvidia-legacy, tuxonice and >=2.6.25

[Paczesiowa]

I have an old gf4 mx 440 with legacy drivers version 96.43.07. hibernation is working great with tuxonice on kernel 2.6.24. After applying tricks from http://www.nvnews.net/vbulletin/showpost.php?p=1526965&postcount=2 I get to hibernate succesfully even with agp working. however I can't do that with 2.6.25 and 2.6.26 kernels. s2disk with uswsp works great with all kernels but I don't like it and I prefer tuxonice. here are the symptoms from 2.6.25 failures:
1)normal setup that works under 2.6.24 after "doing atomic copy" turns off monitor and hangs, I can only ping my machine and use magic sysrq.
2)unpatched drivers (which results in no agp) - results in the same situation.
3)X server is shutdown, hibernation succeeds, but fails to resume - hang on "suspending consoles". again only ping and sysrq work
4)X server is shutdown AND nvidia module rmmoded - hibernation works fine.
5)system is hibernated and resumed using s2disk, after resume I remove uswsp initrd and tuxonice's hibernation works just once. subsequent hibernation cycles fail as usual.

it doesn't look like hardware problem since it works with uswsp.
thanks in advance.